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THE DEVELOPMENT OF PUBLIC INTETREST LITIGATION IN

INDIA

Since the early 1980s, the Supreme Court of India and its state High

Courts have wielded an enormous amount of power in the area of human rights.

Public interest litigation (PIL) claims have been used to defend the rights of the

poor, illiterate, disadvantaged, and impoverished people of India. This section

explores the development of this transformative type of litigation and its impact on

India’s legal system. It begins by defining public interest litigation, generally and

specifically in the Indian context. This section also examines some of the concerns

that commentators have about the rise of PIL.A. Defining Public Interest Litigation

Defining PIL in the Indian context is not an easy task. Generally, public

interest litigation is described as “something in which the public, the community at

large, has some pecuniary interest or some interest by which their legal rights or

liabilities are affected.”154 In many ways, public interest litigation, or public law

litigation as it is sometimes called in the United States, represents a revolt against

the traditional model for adjudication.155

Professor Abram Chayes identifies four characteristics of public law

litigation in the United States. These characteristics are common to PIL actions in